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118 J.L. Pol'y & Globalization 131 (2022)
Supporting Factors of Buying Transactions Based on Local Wisdom in Aceh

handle is hein.journals/jawpglob118 and id is 131 raw text is: 



ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.118, 2022                                                                                        lash


      Supporting Factors of Buying Transactions Based on Local

                                       Wisdom in Aceh

                                            Sulaiman Sulaiman
                     Lecturer of Law Faculty, Malikussaleh University, Aceh, Indonesia
    Jalan Jawa, Kampus  Bukit Indah, Muara Satu, Lhokseumawe,  Aceh, Indonesia, sulaiman@unimal.ac.id

                                    Yulia Yulia (Corresponding author)
                     Lecturer of Law Faculty, Malikussaleh University, Aceh, Indonesia
      Jalan Jawa, Kampus Bukit Indah, Muara Satu, Lhokseumawe,   Aceh, Indonesia, yulia@unimal.ac.id

The research is financed by Malikussaleh University, Aceh, Indonesia
Abstract
The people of Aceh still use the concepts of Islamic law and customary law in the practice of buying and selling
land and  house objects such as: consent and kabul, langgeh rights, bright selling, cash and friendship. The
concept of elements  of Islamic law and  customary law  has been emphasized  in Law  Number   11  of 2016
concerning the Government   of Aceh. This study aims to analyze the supporting factors for strengthening the
concept of strengthening elements of Islamic law and customary law based on local wisdom in Aceh. This study
uses empirical juridical research. The results of the study found that Islamic Law and Customary Law are factors
supporting buying and selling transactions as local wisdom in Aceh. The Ijab and Kabul processes in buying and
selling transactions are carried out by the people of Aceh with the belief for the validity of the actions.
Keywords:  buy  and sell, Islamic law, customary law, aceh, local wisdom
DOI:  10.7176/JLPG/ 118-16
Publication date: February 28th 2022

1.  Introduction
The  social system is formed from the interrelation and interaction carried out by individuals. Society is a social
system that has a certain level of freedom in meeting its needs. The absolute level of freedom is impossible to
achieve, because it is contrary to its essence as a sub-system related to its environment. This freedom is indicated
by the stability of the exchange relationship with the environment and the ability to control the exchange, to meet
the needs of the community itself.1
     Buying and  selling transactions for land and house objects, including buying and selling transactions for
other objects that are also carried out by the community, are a necessity of life in an ever-evolving society.2
Society is a system built on a set of common values that are interrelated by its members in a socialization process.
Through  this socialization process, an individual learns about how he must act in accordance with the norms that
apply in his social environment, how he must act and react to the rules and values that apply in his environmental
formation process.3 This article will analyze the factors that support buying and selling transactions based on
local wisdom in Aceh.

2. Research  Methodology
This study looks at the importance of the concept of strengthening the legal elements of buying and selling in
Aceh.  An analytical study was conducted  on the strengthening of elements of Islamic law and elements of
customary law of the people of Pidie Jaya Regency, in buying and selling land and house objects, which still use
the concepts of Islamic law and customary law. Then the two concepts of the legal system are still used by the
community  in buying and  selling land and house objects. This study uses an empirical juridical methodology,
with qualitative analysis in this study aimed at sharpening, enriching and developing the qualitative data itself.

3. Result And  Discussion
3.1 Islamic law as a supporting factor for buying and selling transactions
The sale and purchase transactions for land and house objects, including buying and selling transactions for other
objects that are also carried out by the community, are a necessity of life in an ever-evolving society. According
to the  majority of scholars, the pillars of buying and  selling are: muaqidain  (seller and buyer), sigat


'Ronny Hanitiyo Soemitro, Studi Hukum dan Masyarakat, (Bandung: Alumni, 1982), p. 69.
2Arijulmanan. (2018). Revitalisasi Syariat Islam Sebagai Pedoman Hidup Manusia. Al-Mashlahah: Jurnal Hukum Islam dan Pranata Sosial
Islam, 06(02).
3Adam Podgorecki dan Cristopher J. Whelen (ed), Pendekatan Sosiologi Terhadap Hukum, (Jakarta: PT. Bina Aksara, 1987), p. 112.
* Corresponden Author


131


Journal of Law, Policy and Globalization


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